Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 16, 2024

CASE NO(S).: OLT-23-000942 OLT-23-001182

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Enniskillen Pepper Co. Ltd.

Subject: By-law No. 46 of 2023

Description: To amend the Zoning By-law to permit cannabis cultivation and production facilities

Reference Number: ZBL 46 of 2023

Property Address: 4352 and 4376 LaSalle Line

Municipality/UT: Township of Enniskillen

OLT Case No.: OLT-23-000942

OLT Lead Case No.: OLT-23-000942

OLT Case Name: Enniskillen Pepper Co. Ltd v. Enniskillen (Township)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Enniskillen Pepper Co. Ltd.

Subject: Proposed Official Plan Amendment Appeal of Decision

Description: To permit cannabis cultivation and production facilities

Reference Number: OPA No. 4

Property Address: 4352 and 4376 LaSalle Line

Municipality/UT: Enniskillen/Lambton

OLT Case No.: OLT-23-001182

OLT Lead Case No.: OLT-23-001182

OLT Case Name: Enniskillen Pepper Co. Ltd. v. Enniskillen (Township)

Heard: February 07, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Enniskillen Pepper Co.

Anna Toumanians

Township of Enniskillen

Ken Strong

County of Lambton

Kenneth Melanson

Trevor Brand

Anthony Petrucci

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON February 7, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was a concurrent Case Management Conference (“CMC”) regarding Case No. OLT-23-000942 (“ZBLA Appeal”) and Case No. OLT-23-001182 (“OPA Appeal”) both pertaining to Township initiated amendments relating to cannabis cultivation and production facilities within the Township of Enniskillen (“Township”) in the County of Lambton (“County”). The Appellant in both matters is Enniskillen Pepper Co. (“EPC”) as they seek the ability to produce cannabis at their greenhouse site municipally known as 4352 and 4376 LaSalle Line (“Subject Site”).

2All preliminary matters pertaining to the ZBLA Appeal were addressed during the first CMC held on December 11, 2023, including notice, Party and Participant requests.

3The Tribunal received and marked the Affidavit of Service of the OPA Appeal Notice of CMC sworn by Duncan James McTavish as Exhibit 1 of the OPA Appeal. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.

4The intended purpose of the concurrent CMC was to consider the consolidation of the files, review and approve the draft procedural order (“DPO”) and issues list (“IL”), and to set a date for the Hearing of the Merits (“Merit Hearing”).

CONSOLIDATION

5Prior to the commencement of the CMC the Parties conferred and reached consensus to request the consolidation of the files as both amendments go “hand-in-hand”.

6The Tribunal granted the request to consolidate pursuant to Rule 16.1 of the OLT Rules of Practice and Procedure for the following reasons:

a. The files have a common appellant (EPC);

b. Both files are in relation to each other;

c. All Parties consent to the request to have the matters consolidated; and

d. It will allow the matters to be heard more efficiently, cost-effectively, and expeditiously than if the matters were heard separately.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

7In advance of the CMC the Tribunal requested that a DPO and IL be submitted by the Parties for the Tribunal’s review and consideration.

8The Parties indicated that the IL supplied was not finalized, and as such, the Parties require an additional two to three months to narrow and scope the issues. Nonetheless, the Parties expect to call on a total of eight witnesses to fully address the issues and requested that a 10-day Merit Hearing be scheduled.

ADDITIONAL CASE MANAGEMENT CONFERENCE

9An additional CMC was scheduled for Tuesday, May 21, 2024, commencing at 10 a.m. by video, to review and approve the DPO and IL.

10The Parties were directed to provide an update to the Case Coordinator on or before Tuesday, May 7, 2024. If the DPO and IL supplied in the update, is on consent of the Parties and is acceptable for approval by the Tribunal, the CMC shall be adjourned, and the matter shall proceed to the Merit Hearing as scheduled below.

HEARING DATES

11The Tribunal advised that 10 consecutive days are available for the Merit Hearing in respect of this matter. The Merit Hearing is scheduled to commence on Monday, September 30, 2024, at 10 a.m. by video. The details for the additional CMC and the Merit Hearing are set out in paragraphs 12 to 16 below.

12The details for the additional CMC and the Merit Hearing are set out below:

Tuesday, May 21, 2024 at 10 a.m. (additional CMC)

GoTo Meeting: https://global.gotomeeting.com/join/519389173

Access code: 519-389-173

Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889

Audio-only access code: 519-389-173

Monday, September 30, 2024 at 10 a.m. (10-day Merit Hearing)

GoTo Meeting: https://meet.goto.com/943363669

Access code: 943-363-669

Audio-only line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889

Audio-only access code: 943-363-669

13Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.

14Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.

16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

17THE TRIBUNAL ORDERS as follows:

a. That OLT-23-000942 and OLT-23-001182 be consolidated;

b. The Parties supply an update to the Tribunal on or before Tuesday, May 7, 2024;

c. That an additional Case Management Conference is scheduled to proceed, by video hearing, on Tuesday, May 21, 2024, at 10 a.m. by Video Hearing as set out above; and

d. That the Hearing of the Merits is scheduled for 10-days, commencing on Monday, September 30, 2024, at 10 a.m. by Video Hearing as set out above.

18The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“Kurtis Smith”

Kurtis Smith

Member

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.